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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights February 16, 2010
By David Badertscher, PLL
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Talk Grows of 2 Openings at High Court
The National Law Journal
Stories raising the possibility that U.S. Supreme Court Justices John Paul Stevens and Ruth Bader Ginsburg may leave the Court at roughly the same time have suddenly become part of the Washington conversation, already fueling nightmare scenarios of dragged-out battles between a weakened President Barack Obama and a fiercely contentious Senate over possible replacements. But one theory argues that, in a strange way, two vacancies at once might actually help Obama push through at least one liberal nominee.
Rakoff Wants the Scoop on Why Bank of America Fired Its GC
Corporate Counsel
New York federal Judge Jed Rakoff issued an order last week directing Bank of America and the Securities and Exchange Commission to give him by today the underlying discovery materials relating to why BofA fired its general counsel, Timothy Mayopoulos, shortly after the bank's shareholders approved the merger with Merrill Lynch. Rakoff also wants all materials that shed light on how Mayopoulos and the bank's outside lawyers decided what the bank would disclose to shareholders in proxy materials before the vote.
Former Rothstein Firm Partner Sued for $8 Million
Daily Business Review
The bankruptcy trustee for jailed attorney Scott Rothstein's defunct law firm set his sights Thursday on equity partner Stuart Rosenfeldt, claiming $8 million in excessive compensation and linking bonuses to political contributions. Rothstein has pleaded guilty to racketeering, fraud and conspiracy in a $1.2 billion Ponzi scheme based on fake structured settlements sold through the 70-lawyer Rothstein Rosenfeldt Adler. Rothstein and Rosenfeldt were the firm's only equity partners.
In Rare Move, Judge Takes Case From Jury, Acquits Former Stanford Workers
Daily Business Review
In the first criminal trial tied to the stunning collapse of Stanford Financial Group, a federal judge, in an unusual move, cut off jury deliberations and granted acquittals to two employees accused of shredding documents in the alleged $7 billion fraud. Visiting Senior Judge Richard Goldberg said the evidence was lacking to support a conviction of Stanford global security chief Thomas Raffanello and technology officer Bruce Perraud. In an era of supersized fraud, legal observers said the call was a gutsy and bold one.
Merck Pays $12 Million in Lawyer Fees to End Vioxx Suits
New Jersey Law Journal
Merck & Co. has agreed to pay $12.15 million in plaintiffs' legal fees to settle two shareholder derivative suits over its painkiller Vioxx -- one in state court in New Jersey and the other in the 3rd U.S. Circuit Court of Appeals. As part of the settlement, Merck agreed to create two committees to address product safety and to appoint a chief medical officer. The settlement does not apply to a separate damages suit filed against Merck by shareholders, which is pending before the U.S. Supreme Court.
Solo Suspended After Sister Allegedly Stole From Clients
The Connecticut Law Tribune
Connecticut attorney Daniel Barber has been ordered suspended for 90 days, following his discovery that his sister, whom he hired in 2005 to help run the financial end of his practice, was allegedly siphoning clients' funds from real estate closings for about three years -- apparently to cover a heroin addiction that her family thought had ended. Barber must also pay restitution of about $215,000 within a year to four clients from whom his sister allegedly took money.
Supreme Court Orders New Briefing in Uighur Case
The National Law Journal
The Supreme Court has issued an order asking both sides in a case involving Uighurs detained in Guantanamo to address, in effect, whether the case should be dismissed. The case is an important test of whether a federal judge can order the release of detainees brought into the United States. The parties had informed the Court that the Swiss government agreed to accept two of the Uighurs; the other five have already been offered resettlement elsewhere. The order asks what effect these new developments should have on the case.
Lawyer/Patentee Hit With Sanctions in Case Against Toyota
The National Law Journal
Toyota's legal bills are mounting in the wake of lawsuits springing from its recent massive automobile recall, but a Washington state federal judge's order in a patent infringement case is one spot of good legal news for the automaker. Last week, Judge Richard Jones ordered sanctions against attorney Conrad Gardner, who is suing Toyota Motor Corp. and its U.S. arm for patent infringement. Toyota will get a partial refund of costs in the patent case.
Bail Set at $10 Million for Madoff's Former Finance Chief
The Associated Press
Bail was set at $10 million Thursday for Bernard Madoff's ex-finance chief, who has been imprisoned since he pleaded guilty six months ago and cooperated with the government's investigation. Judge Richard Sullivan also required Frank DiPascali and his wife to forfeit all family assets except for an amount of less than $300,000 to be mutually agreed upon. Sullivan twice before rejected requests for DiPascali's freedom, calling his role in Madoff's fraud "crucial" and saying his potential sentence was "astronomical."
Former Dunkin' Donuts Vice President Sues Over Alleged Bad-Mouthing
The National Law Journal
A former executive at the Dunkin' Donuts fast-food chain is suing his ex-employer for $5 million, alleging the company has spoken so ill of him that he can't find another job. Michael O'Donovan, a former vice president of global research and development for Dunkin' Brands, claims that officials defamed him with allegations of "excessive drinking, inappropriate conduct with female employees, chronic inability to meet deadlines, and a misleading and dishonest character," leaving him "untouchable" in the food services industry.
Accused Wife-Killer Tests Illinois' New Hearsay Law
The National Law Journal
Drew Peterson, the former Illinois cop now accused of killing his third wife and a suspect in the disappearance of his fourth wife, will have an opportunity to respond this week to the hearsay evidence presented against him in a pretrial hearing. Friends and relatives of the two women have testified that the women said their husband on several occasions threatened to kill them. Illinois passed a law in response to the Peterson case that would allow such statements to be admitted, but it hasn't been extensively tested.
Reeling From Latham Raid, White & Case Redeploys Key Partners
The American Lawyer
Having seen 13 partners in New York, London and across the Middle East defect to Latham & Watkins in the last two weeks, White & Case is busy trying to shore up its market position in those critical jurisdictions. One step the firm is taking: shifting key partners to its newly depleted offices. The Latham move is among the more spectacular lateral raids of recent years and has raised serious questions about White & Case.
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How to Move Large SharePoint Document Libraries
Special to Law.com
Moving or copying large Microsoft SharePoint document libraries from one site, or extranet, to another is a recurring need in law firms. Mark Gerow, of Fenwick & West, shows how to move a document library of any size with just a bit of .NET code using the Windows SharePoint Services SDK.
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Interview Strategies: Get Ready for Your Video Close-Up
Special to Law.com
Videoconference interviews are becoming more common as law firms and corporations expand geographically, and as travel becomes more expensive and time-consuming. With these types of interviews, presentation is a key factor, note consultants Valerie Fontaine and Roberta Kass.
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Full post as published by New York Supreme Court Criminal Term Library on February 16, 2010 (boomark / email).

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